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GadgetSwap
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Terms of Service

Last updated: January 9, 2025

1. Acceptance of Terms

By accessing or using GadgetSwap ("the Service"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use the Service.

2. Description of Service

GadgetSwap is an online marketplace that connects buyers and sellers of Apple devices, with a focus on devices suitable for jailbreaking and iOS customization. We provide:

  • A platform for listing and purchasing devices
  • Secure payment processing through Stripe
  • Escrow protection for transactions
  • Tools for checking jailbreak compatibility
  • Messaging between buyers and sellers

3. User Accounts

To use certain features of the Service, you must create an account. You agree to:

  • Provide accurate and complete registration information
  • Maintain the security of your account credentials
  • Promptly update any changes to your information
  • Accept responsibility for all activities under your account

4. Listing and Selling

When listing items for sale, you agree to:

  • Accurately describe the device condition, specifications, and iOS version
  • Only list devices you legally own and have the right to sell
  • Ensure devices are iCloud unlocked and activation lock removed
  • Ship items within the stated timeframe after sale
  • Respond to buyer inquiries in a timely manner

5. Buying

When purchasing items, you agree to:

  • Pay the listed price plus any applicable shipping and fees
  • Provide accurate shipping information
  • Inspect items promptly upon delivery
  • Report any issues within 24 hours of confirmed delivery

6. Payments and Fees

All payments are processed exclusively through Stripe, a third-party payment processor. By using GadgetSwap, you agree to Stripe's Terms of Service and Privacy Policy.

Platform fees on successful sales:

  • Free accounts: 1% platform fee + ~3% Stripe processing fee
  • Plus/Pro subscribers: 0% platform fee (GadgetSwap covers Stripe fees)

Important: GadgetSwap does not process, store, or have access to your payment card information. All payment data is handled directly by Stripe in accordance with PCI-DSS standards. Funds are held by Stripe and released to sellers 24 hours after delivery confirmation.

7. Escrow and Buyer Protection

Our escrow system provides a holding period for payments. Funds are held by Stripe until:

  • The item is delivered (confirmed via tracking or manual confirmation)
  • 24 hours have passed since delivery confirmation
  • Any disputes have been resolved

This escrow period is a courtesy service. Ultimate payment protection is provided by Stripe and your card issuer, not GadgetSwap.

8. Disputes, Chargebacks, and Refunds

Payment disputes and chargebacks are handled by Stripe. GadgetSwap is a marketplace platform that facilitates transactions between buyers and sellers, but we are not a party to the payment transaction itself.

Dispute Resolution Process

  • Step 1: Buyers and sellers should first attempt to resolve issues directly through our messaging system.
  • Step 2: If unresolved, buyers may file a dispute through Stripe or their card issuer. Stripe will manage the dispute process according to their policies and card network rules (Visa, Mastercard, etc.).
  • Step 3: GadgetSwap may provide transaction records to Stripe upon request to assist in dispute resolution, but the final decision rests with Stripe and/or the card networks.

Important Disclaimers

  • GadgetSwap does not guarantee the outcome of any dispute. Dispute decisions are made solely by Stripe, card networks, or issuing banks.
  • Sellers are responsible for responding to Stripe disputes with appropriate evidence (shipping tracking, delivery confirmation, communication records).
  • Chargebacks and dispute fees assessed by Stripe or card networks are the responsibility of the seller, not GadgetSwap.
  • For buyer protection details, refer to Stripe's Dispute Documentation and your card issuer's policies.

Refunds

Refunds for eligible transactions are processed through Stripe. Refund timing depends on your card issuer and may take 5-10 business days to appear. GadgetSwap may facilitate refund requests but does not directly control refund processing.

9. Prohibited Items and Conduct

The following are prohibited on GadgetSwap:

  • Stolen devices or devices with activation lock
  • Counterfeit or replica products
  • Devices with outstanding financial obligations (unpaid carrier balance)
  • Fraudulent listings or misrepresentation
  • Harassment of other users
  • Circumventing the payment system

10. Intellectual Property

Apple, iPhone, iPad, and iOS are trademarks of Apple Inc. GadgetSwap is not affiliated with or endorsed by Apple Inc. All jailbreak tools mentioned are the property of their respective developers.

11. Limitation of Liability

GadgetSwap is a marketplace platform only. We facilitate connections between buyers and sellers but are not a party to transactions. To the maximum extent permitted by law:

  • GadgetSwap is not responsible for the quality, safety, legality, or accuracy of any listing
  • GadgetSwap is not responsible for the ability of sellers to sell or buyers to pay
  • GadgetSwap is not responsible for any damages resulting from transactions, including items not received, items not as described, or defective items
  • GadgetSwap is not responsible for any damages resulting from jailbreaking devices
  • GadgetSwap is not responsible for payment disputes, chargebacks, or their outcomes - these are governed by Stripe's policies and card network rules
  • GadgetSwap's total liability for any claim shall not exceed the platform fees you paid to GadgetSwap in the 12 months preceding the claim

Payment protection is provided by Stripe and your card issuer, not GadgetSwap. By using our platform, you acknowledge that any recourse for payment issues must be pursued through Stripe's dispute process or your card issuer's chargeback process.

12. Indemnification

You agree to indemnify and hold harmless GadgetSwap, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Any dispute between you and another user
  • Any dispute related to payments processed through Stripe

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. GADGETSWAP DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, secure, or error-free. We do not warrant the accuracy of listings, user content, or jailbreak compatibility information.

14. Termination

We reserve the right to suspend or terminate accounts that violate these terms or engage in fraudulent activity. Users may delete their accounts at any time, subject to completion of any pending transactions.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States. Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration, except where prohibited by law.

16. Changes to Terms

We may update these terms from time to time. Continued use of the Service after changes constitutes acceptance of the new terms.

17. Contact

For questions about these terms, please contact us at legal@gadgetswap.com

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